Req. No. 2620 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) SENATE BILL 1539 By: Haste AS INTRODUCED An Act relating to schools; amending 70 O.S. 2021, Section 24-158, as amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2023, Section 24-158), which relates to the Oklahoma Prevention Needs Assessment Survey; providing for administrati on of survey only to students with certain written consent; requiring certain notification to in clude certain information about opting in to a sur vey or tool; requiring electronic submission of certain report; updating statutory language; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 24 -158, as amended by Section 2, Chapter 281, O.S.L. 2022 (70 O.S. Supp. 2023, Section 24-158), is amended to read as follows: Section 24-158. A. The “Oklahoma Prevention Needs Assessment Survey” means the biennial mental hea lth prevention survey o f public school students in grades six, eight, ten , and twelve managed by the Department of Mental Health and Substance Abuse Services. B. Beginning in the 2022 -2023 school year, and biennially thereafter, public schools shall admin ister the Oklahoma Prev ention Needs Assessment Survey, or an alternative survey as provided in Req. No. 2620 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subsection D of this section, only to students with written consent as provided for in subsection E of this section for the purpose of providing direction to sch ools, school districts, and communities to effectively improve the lives of stu dents regarding a variety of issues with a focus on alcohol, tobacco, other drug use, mental health, academic failure , and violence. C. The Department of Mental Health and Subs tance Abuse Services shall maintain the Oklahoma Preven tion Needs Assessment Survey and shall provide technic al assistance for schools in survey administration, reporting, planning , and development of school mental health prevention and intervention strate gies informed by the survey results. D. If a school or school district chooses to administer an alternative survey or assessment tool to fulfill the purpose described in subsection B of this se ction, it may apply for a waiver through the Department of Men tal Health and Substance Abuse Services. E. The school district superintendent or his or her designee shall provide prior written notification to the parents or legal guardians of students to be administered the Oklahoma Prevention Needs Assessment Survey or an alternative survey or assessment tool adopted pursuant to subsection D o f this section. The notification shall include information to parents and legal guardians that they may opt their student out of in to the survey or assessment tool by Req. No. 2620 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 providing written notice consent to the school district. Only students whose parents or legal guardians have provided written consent to participate in the Oklahoma Prevention Needs Assessment Survey or an alternative survey or asses sment tool shall be administered the survey or tool. F. Prior to the biennial administration of the Oklahoma Prevention Needs Assessment Survey, the Department of Mental Health and Substance Abuse Services sha ll electronically submit the survey to the President Pro Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma House of Representatives, the chairs of the committees with responsibility over common ed ucation in both houses of the Legislature, and the chairs of the committees with responsibility over public health in bo th houses of the Legisla ture. G. The provisions of this section shall be subje ct to the availability of federal funding . If federal funding is insufficient to provide the Oklahoma Prevention N eeds Assessment Survey to public schools on a biennial basis, administration of the survey shall not be required administered. H. The Board of Mental H ealth and Substance Abuse Services and the State Board of Education may promulgate rules as necessary to carry out the provisions of this section. SECTION 2. This act shall become effective July 1, 2024. SECTION 3. It being immediately necessary for the preservation of the public peace, health , or safety, an emergency is hereby Req. No. 2620 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and approval. 59-2-2620 EB 1/2/2024 4:40:35 PM